Tagged: Conveyancing Negligence
June 1, 2015 at 12:13 pm #72815
I bought a property in August 1999 and the property came with a ten year building guarantee. Unfortunately, the solicitor failed to inform the insurer of this purchase and the policy thus continued from the inspection date that was in June 1997.
September of 2008 I placed a claim and the insurer denied the claim under the argument that policy’s expiration date was June 2007. The solicitor’s failure meant that they had not updated their records.
The asked for the date for the contract exchange and the solicitor was unable to provide us with it since forms were destroyed.
We went back and forth with the claim until June 2010 when the insurer finally decided to consider the claim after taking it through the FOS. Their reaction was to decline each “head of claim” citing that they were not notified in time.
Thing is, I never received any policy documents since the solicitor I entrusted failed to register the property. However, I had informed the developer since I was obliged to do so with the first two years if the repairs carried forth to the third year.
I raised a complaint with the SRA who shot me down claiming that they were unable to conduct investigations thanks to the solicitor destroying the file. I didn’t relent however and passed over the case to the new Legal Ombudsman.
The Adjudicator accepted the Sep08-June 2010 delay was solely the work of the solicitor not registering the property with the insurer as it was supposed to be. The Adjudicator recommended a £150 payment fee.
Nonetheless, I never consider this amount as I had spent lots of time and expenses chasing the claim with the insurer. I have received correspondence and there isn’t mention of the solicitor being liable for anything. The solicitor is only supposed to apologize to me for not writing back!
So I ask here; is the solicitor not only negligent, but is he liable for the time and costs I spent chasing the insurer between September of 2008 and June 2010? Is he also liable of the entire claim that has been declined since I wasn’t the recipient of policy documents?
If this is the case, how difficulty or easy is it to come up with a negligence claim against the solicitor?
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